The article seeks to present an overview of the history of Byzantine philosophy. It takes its point of departure in the most important factors that influenced and shaped the Patristic thought. Subsequently, the paper considers the relative autonomy of Byzantine philosophy and offers a brief profile of major philosophers that contributed to the stream in the period from 9th to 15th century. From the numerous subjects that were taken into account by the most prominent Byzantine philosophers, the article (...) discusses such issues as: the view of God, the problem of ‘conceptual realism’, the relationship between such ‘disci plines’ as logic, metaphysics, ethics, aesthetics and philosophical anthro pology. Furthermore, such questions as the place of man in the world, the scope of their freedom and the problem of evil are also touched upon here. The paper concludes with some remarks on the develop ment of Byzantine philosophy after the fall of Byzantium. (shrink)

Tradition holds that many Brahmin families were converted through the ministry of St. Thomas and seven churches were established in Palur, Muziri, Parur, Gokkamangalam, Chayal, Niranam, and Quilon. After forming several more congregations out of Jews as well as of Dravidi people, Apostle Thomas went to Meliapur where even the Raja was converted with many of his subjects. This infuriated the Brahmins (of Aryan origin). According to tradition, St. Thomas was speared to death by Brahmins near Mylapore. According to many (...) early Church fathers, the mortal remains of Thomas were shifted from his tomb in India to Edessa.[2]. (shrink)

The nature and value of autonomy has long been debated in diverse philosophical traditions, including moral and political philosophy. Although the notion dates back to ancient Greek philosophy, it was during the Age of Enlightenment that autonomy drew much attention. Thus, as may be known, moral philosophers tended to emphasize self-regulation, particularly one’s own will to abide by universal moral laws, as the term “autonomy” originates from the Greek words “self” (auto) and “rule” (nomos). In parallel, modern (...) epistemologists supposedly espoused the idea of intellectual autonomy as self-reliance. In this classical view, an intellectually autonomous explorer of knowledge must not depend on a belief that is obtained from another’s testimony, until one can justify it to oneself. However, accompanying the growing focus on the importance of social dimensions of acquiring knowledge and understanding, recent epistemologists have doubted the classical view and have since reconsidered intellectual autonomy from distinct approaches such as social and virtue epistemology. This paper propounds an interpersonal-epistemic approach to intellectual autonomy. First, it is argued that thinking through questioning both individually and with other epistemic peers is an interpersonal-epistemic practice. Second, it is demonstrated that with particular cognitive features inherent within us, an intellectually autonomous person must think through questioning in necessary situations. This interpersonal account of intellectual autonomy can conceptually enrich intellectual autonomy by considering its relationship with not only responsibility but also with vulnerability. Specifically, regarding responsibility, an intellectually autonomous person must be responsible for his or her own actions throughout questioning processes. Regarding vulnerability, our intellectual autonomy lies in retaining autonomy with vulnerability in the plastic control of the questioning processes. (shrink)

This paper attempts to provide the basis for a broader naturalized account of agency. Naturalization is considered as the need for an ongoing and open-ended process of scientific inquiry driven by the continuous formulation of questions regarding a phenomenon. The naturalization of agency is focused around the interrelation of the fundamental notions of autonomy, functionality, intentionality and meaning. Certain naturalized frameworks of agency are critically considered in an attempt to bring together all the characteristic properties that constitute an (...) autonomous agent, as well as to indicate the shaping of these notions/properties during the development and the evolution of its agential capacity. Autonomy and interaction are proved to be key concepts in this endeavor. (shrink)

In the 1960s and 1970s, Hilary Putnam articulated a notion of relativized apriority that was motivated to address the problem of scientific change. This paper examines Putnam’s account in its historical context and in relation to contemporary views. I begin by locating Putnam’s analysis in the historical context of Quine’s rejection of apriority, presenting Putnam as a sympathetic commentator on Quine. Subsequently, I explicate Putnam’s positive account of apriority, focusing on his analysis of the history of (...) physics and geometry. In the remainder of the paper, I explore connections between Putnam’s account of relativized a priori principles and contemporary views. In particular, I situate Putnam’s account in relation to analyses advanced by Michael Friedman, David Stump, and William Wimsatt. From this comparison, I address issues concerning whether a priori scientific principles are appropriately characterized as “constitutive” or “entrenched”. I argue that these two features need to be clearly distinguished, and that only the constitutive function is essential to apriority. By way of conclusion, I explore the relationship between the constitutive function of a priori principles and entrenchment. (shrink)

Formal clinical trials of pig-to-human organ transplant—known as xenotransplantation—may begin this decade, with the first trials likely to consist of either adult renal transplants or pediatric cardiac transplant patients. Xenotransplantation as a systematic scientific study only reaches back to the latter half of the 20th century, with episodic xenotransplantation events occurring prior to that. As the science of xenotransplantation has progressed in the 20th and 21st centuries, the public's knowledge of the potential therapy has also increased. With this, there have (...) been shifting ethical stances toward xenotransplantation in key areas, such as religious and public viewpoints towards xenotransplantation, animal rights, and public health concerns. This review provides a historical–ethical account of xenotransplantation and details if or how viewpoints have shifted over time. (shrink)

The cluster account, one of the best attempts at art classification, is guilty of ahistoricism. While cluster theorists may be happy to limit themselves to accounting for what art is now rather than how the term was understood in the past, they cannot ignore the fact that people seem to apply different clusters when judging art from different times. This paper shows that while allowing for this kind of historical relativity may be necessary to save the account, (...) doing so could result in incorporating an essentially institutional component or making the theory extremely complex and virtually impossible to use. (shrink)

Children continue to be overlooked as a topic of concern in discussions around the ethical use of people’s data and information. Where children are the subject of such discussions, the focus is often primarily on privacy concerns and consent relating to the use of their data. This paper highlights the unique challenges children face when it comes to online interferences with their decision-making, primarily due to their vulnerability, impressionability, the increased likelihood of disclosing personal information online, and their developmental capacities. (...) These traits allow for practices such as hypernudging to be executed on them more accurately and with more serious consequences, specifically by potentially undermining their autonomy. We argue that children are autonomous agents in the making and thus require additional special protections to ensure that the development of their autonomy is safeguarded. This means that measures should be taken to prohibit most forms of hypernudging children and thus ensure that they are protected from this powerful technique of digital manipulation. (shrink)

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational (...) class='Hi'>autonomy as well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

In two recent articles I have argued that Kant’s legal and political philosophy can shed new light on his much-contested account of moral autonomy and that important changes in his political theory help to explain why in his later work the Formula of Autonomy disappears. In the present essay, I respond to comments by Sorin Baiasu and Marie Newhouse, who argue that the changes in Kant’s political theory fail to explain the disappearance of the Formula of (...) class='Hi'>Autonomy, since in both phases Kant held that laws are given by the people’s representatives. I offer additional support for my original argument by developing a more detailed account of Kant’s conception of the relation between the legislating representatives and the people they are taken to represent. I argue that Kant’s conception of the proper representation relation changed, and that it changed so fundamentally that the analogy at the basis of the Formula of Autonomy was no longer apt, thus providing a plausible explanation for its disappearance. I also address several related comments and propose an explanation for why Kant dropped the very idea of autonomy as a property of the will. (shrink)

Attempts to unify Marxist and feminist social critique have been vexed by the fact that ‘patriarchy’ predates the advent of capitalism (its transhistorical status). Feminists within the Marxist, socialist, and materialist traditions have responded to this point by either granting patriarchy a certain autonomy relative to capitalism (the ‘dual/triple systems’ approach), or by suggesting that patriarchal relations have a foundational and necessary status in the history of capitalist development (which we term the ‘origins-subsistence’ approach). This paper offers an alternative (...) account of the relationship between capitalism and the transhistorical status of ‘patriarchy’. In aid of a ‘unitary theory’ of Marxist Feminism, we argue that the transhistorical status of patriarchy is better understood through an application of Marx’s concepts of formal and real subsumption. A modified version of these concepts can illuminate not only capitalist appropriation of antecedent social and economic forms, but also its capacity to produce new forms of gendered exploitation and oppression. (shrink)

This paper critically evaluates what it identifies as ‘the institutional theory of freedom’ developed within recent neo-Hegelian philosophy. While acknowledging the gains made against the Kantian theory of autonomy as detachment it is argued that the institutional theory ultimately undermines the very meaning of practical agency. By tying agency to institutionally sustained recognition it effectively excludes the exercise of practical reason geared toward emancipation from a settled normative order. Adorno's notion of autonomy as resistance is enlisted to develop (...) an account of practical reason that is neither institutionally constrained nor without appropriate consideration of the historical location of the practical agent. (shrink)

This chapter is a critical review of Amy Allen's book The Politics of Our Selves. It briefly reconstructs some of the book's impressive achievements: articulating a synthetic account of gendered subjectivity that accounts for both subjection and autonomy; imaginatively integrating poststructuralist and communicative theories; and, furthering important new interpretations of Butler, Foucault, and Habermas. It also raises critical concerns about Allen's project: her specific conception of autonomy and its justification; her suspicions of the notion of historical (...) progress; her psychological explanation of the continuing power of pernicious norms of gendered subjectivity; the usefulness of psychoanalysis for critical social theory; and, the role of cultural, structural, and materialist explanations and political strategies. (shrink)

States of affairs are entities like snow’s being white. This dissertation encompasses two projects. First, I provide a historical survey of the concept of state of affairs as it has been used in the history of ontology. Second, I provide a novel conceptual account of states of affairs.

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition (...) of the possibility of moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)

The debate on the notion of function has been historically dominated by dispositional and etiological accounts, but recently a third contender has gained prominence: the organizational account. This original theory of function is intended to offer an alternative account based on the notion of self-maintaining system. However, there is a set of cases where organizational accounts seem to generate counterintuitive results. These cases involve cross-generational traits, that is, traits that do not contribute in any relevant way to the (...) self-maintenance of the organism carrying them, but instead have very important effects on organisms that belong to the next generation. We argue that any plausible solution to the problem of cross-generational traits shows that the organizational account just is a version of the etiological theory and, furthermore, that it does not provide any substantive advantage over standard etiological theories of function. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Aesthetic hedonism is the view that to be aesthetically good is to please. For most aesthetic hedonists, aesthetic normativity is hedonic normativity. This paper argues that Kant's third critique contains resources for a non-hedonic account of aesthetic normativity as sourced in autonomy as self-legislation. A case is made that the account is also Kant's because it ties his aesthetics into a key theme of his larger philosophy.

The core idea of 'becoming major', as it can be found in Kant's famous essay about the Enlightenment, is the concept of self-legislation or self-governance. Minority is described as a state of dependency on some heteronomous guidance (i.e. church, doctor, or the state), whereas majority is defined by Kant as the ability to guide oneself, using one's own understanding ('Verstand'). These definitions display a deep affinity to central concepts of Kant's philosophy: the autonomy of rational ethics, as it is (...) defended in the second Critique, and the copernican revolution in epistemology, which is the topic of the first Critique. Picking up on these similarities, the text isolates some of the essential conditions for Kant's understanding of an enlightened state of majority. Kant's theoretical works spell out conceptual preconditions for his radical account of self-guidance and gives it a more detailed form. This allows to articulate some of the historical assumptions and theoretical implications of majority which we might have lost out of sight in a time where 'self-management' is a ubiquitous demand. (shrink)

In our societies today, the prevalence of serious, untreated trauma means that we cannot reliably expect to receive or give unconditional love, understood as love which functions within a normative framework to protect each and all of us as having dignity. Serious, untreated trauma makes unconditional love, so understood, unreliable because each time the pattern of the psychological damage (trauma) is triggered in the traumatized person, in the wrongdoers, or in the bystanders, their behaviour easily becomes self- and other-numbing, destructive, (...) and moralizing in an irrational and often self-deceived attempt to preserve or defend themselves or others against forces felt as threatening even though they are not. It is also common for someone who lives in societal conditions where avoiding patterned, traumatizing behaviour is impossible to experience the emotional temptation to give up on the possibility of a better future for oneself, one’s loved ones, or one’s community within the larger community or the state. For some, this is experienced as a draw towards suicide, while others experience it as a serious temptation to give up on working together with the good forces in society. This paper seeks to continue Charles Mills’s work on radicalizing Kant by sketching a Kantian account of trauma and thereby develop philosophical resources that can help us fight historical oppression and violence. (shrink)

This chapter offers a overview of Shadworth Hodgson's account of experience as fundamentally temporal, an account that was deeply influential on thinkers such as William James and which prefigures the phenomenology of Husserl in many ways. I highlight eight key features that are characteristic of Hodgson's account, and how they hang together to provide a coherent overall picture of experience and knowledge. Hodgson's account is then compared to Husserl's, and I argue that Hodgson's account offers (...) a better target for projects such as neurophenomenology than does Husserl's. Hodgson's account is historically important as a culmination of a certain trajectory of British Empiricist thought. It offers a substantive alternative for how to think about temporality and experience in contemporary discussions, not just of the present moment but of the relationship between experience and knowledge more broadly. (shrink)

This chapter identifies and explores a series of challenges raised by the clinical concept of delusion for theories which conceive autonomy as an agency rather than a status concept. The first challenge is to address the autonomy-impairing nature of delusions consistently with their role as grounds for full legal and ethical excuse, on the one hand, and psychopathological significance as key symptoms of psychoses, on the other. The second challenge is to take into account the full logical (...) range of delusions, which may take the form of true or false factual beliefs, positive or negative evaluations, as well as the paradoxical delusion of mental illness. The third and final challenge is to make room for non-pathological or, autonomy-preserving delusions and to offer a credible way of distinguishing between these and pathological or, autonomy-impairing delusions. By setting out these challenges, we are able to, firstly, distinguish between two separate conceptions of objectivity that may be at work in existing accounts of delusions and, secondly, to put a spotlight on an elusive yet inescapable notion of agential success that underlies our thinking about autonomy as well as mental disorder. (shrink)

Recent philosophical secondary literature on white ignorance – a concept most famously developed by the late philosopher Charles W. Mills – suggests that white ignorance is, one way or another, a non-structural phenomenon. I analyse two such readings, the agential view and the cognitivist view. I argue that they misinterpret Mills’ work by (among other things) committing a kind of structural erasure, and one which implies that Mills’ account cannot capture, for example, cases where white ignorance (and white racial (...) domination) involves historical erasure, especially when perpetrated by sociopolitical institutions. This is particularly salient in cases such as the recent movement against anti-racist education, now widely conflated with critical race theory, in the United States and United Kingdom, which I offer as a brief case study. (shrink)

There is a prima facie conflict between the values of love and autonomy. How can we bind ourselves to a person and still enjoy the fruits of self-determination? This chapter argues that the solution to this conflict lies in recognizing that love is the basis of autonomy: one must love a person in order to truly appreciate their autonomy. To make this case, this chapter defends a minimalist account of love, according to which love is an (...) agreeable sensation that is experienced when considering the existence of another person. On this view, the lover does not desire anything from the beloved but works to attend to their presence. Love, then, puts us in a position to appreciate the beloved in their particular way of being. By accepting the presence of the beloved we gain a sense of their autonomy. The roots of this account of love are found in the writings of Damaris Cudworth Masham. This chapter draws on the work of Kieran Setiya, David Velleman, and Kyla Ebels-Duggan to elaborate on and defend Masham’s views. (shrink)

Recently, I have proposed an extension of the framework of the ethics of collegiality (Berber & Subotić, forthcoming). By incorporating an anti-individual perspective and the notion of epistemic competence, this framework can reveal the epistemic virtue/vice relativism, which, in turn, charts the tension between being a good colleague and an efficient, loyal employee. In this paper, however, I want to sketch how the ethics of collegiality could be applied to practical domains, such as the historical accountability and atonement of (...) corporations that participated in the anti-Semitic policies of the Third Reich and contributed to the Holocaust by using slave or forced labor. New studies suggest that corporations ought to engage in deeper historical reflection and ethical dialogue between Shoah survivors and top managers to address the issue of industrial compliance (Federman 2021), whereas most of the work on this topic traditionally focused on the issue of reparations litigation (Kelly 2016, Neuborne 2003). Through the notions of collective institutional epistemic vice and institutional ethos (Fricker 2021), the upshot is to assess whether it is feasible for corporations to be genuinely repentant regarding their role in the Holocaust thanks to the ethics of collegiality instead of merely offering compensation. I will argue that instead of emphasizing ethical leadership and the top-down approach to the (re-)implementation of values in corporate conduct, the spotlights should be on the bottom-up approach grounded in collegial solidarity among all employees. (shrink)

The anti-reductionist character of the recent philosophy of biology and the dynamic development of the science of emergent properties prove that the time is ripe to reintroduce the thought of Aristotle, the first advocate of a “top-down” approach in life-sciences, back into the science/philosophy debate. His philosophy of nature provides profound insights particularly in the context of the contemporary science of evolution, which is still struggling with the questions of form, teleology, and the role of chance in evolutionary processes. However, (...) although Aristotle is referenced in the evolutionary debate, a thorough analysis of his theory of hylomorphism and the classical principle of causality which he proposes is still needed in this exchange. Such is the main concern of the first part of the present article which shows Aristotle’s metaphysics of substance as an open system, ready to incorporate new hypothesis of modern and contemporary science. The second part begins with the historical exploration of the trajectory from Darwin to Darwinism regarded as a metaphysical position. This exploration leads to an inquiry into the central topics of the present debate in the philosophy of evolutionary biology. It shows that Aristotle’s understanding of species, teleology, and chance – in the context of his fourfold notion of causality – has a considerable explanatory power which may enhance our understanding of the nature of evolutionary processes. This fact may inspire, in turn, a retrieval of the classical theology of divine action, based on Aristotelian metaphysics, in the science/theology dialogue. The aim of the present article is to prepare a philosophical ground for such project. (shrink)

The purpose of this article is to add to the debate on the normative status and legitimacy of indoctrination in education by drawing on the political philosophy of Benedict Spinoza (1632–1677). More specifically, I will argue that Spinoza’s relational approach to knowledge formation and autonomy, in light of his understanding of the natural limitations of human cognition, provides us with valuable hints for staking out a more productive path ahead for the debate on indoctrination. This article combines an investigation (...) into the early modern history of political ideas with a philosophical inquiry into a persistent conceptual problem residing at the heart of education. As such, the aim of the article is ultimately to offer an account of indoctrination less fraught with the dangers of epistemological and political idealism that often haunt rival conceptions. (shrink)

The first form of the inside-outside dichotomy appears as a self-encapsulated system with an active border. These systems are based on two complementary but asymmetric processes: constructive and interactive. The former physically constitute the system as a recursive network of component production, defining an inside. The maintenance of the constructive processes implies that the internal organization also constrains certain flows of matter and energy across the border of the system, generating interactive processes. These interactive processes ensure the maintenance of the (...) constructive processes thus specifying a meaningful outside. Upon this basic form of identity formation, the evolutionary and historical domain is open for the emergence of a whole hierarchy and ecology of insides and outsides. These which mutually subsume and collaborate in the maintenance of the essential inside-outside dichotomy that defines the conditions of possibility of the subjects and the worlds they generate. (shrink)

We are going to present a panorama of Byzantine Philosophy. As starting point should be considered the Patristic Thought, which preceded the Byzantine Philosophy and was established in the first centuries A.D. into the Greek-Roman world. It was based on the Old and New Testament, the apostolic teachings, as well as on Judaism and Greek Philosophy. Also, the Ancient Oriental Religions – especially those of the Greek-Roman period, i.e. the Gnosticism- exerted an influence on it. The Patristic Thought and the (...) Ancient Greek Philosophy were the two main pedestals of Byzantine Philosophy. But, we cannot separate completely Patristic thought from the Byzantine Philosophy, first because the Byzantine Philosophy used all the corpus of the preceded texts of the Church Fathers and second because the Patristic Thought was continued to the end of Byzantium in interaction with Byzantine Philosophy. When we use he term Byzantine Philosophy we refer to the ideological currents that flourished from the 9th century till the 15th in the geographical area of the Greek East. Its main task was the quest for truth from the metaphysical point of view. In this era we have not only commentaries and scholastic works, but also an assimilation of the previous philosophical and scientific developments in purpose of an interior evolution. The opposition to, and the use of, the Western scholasticism were also another two special characteristics of Byzantine Thought. The use of the logical works of Aristotle and the metaphysics of Plato made up its main theoretical body, always in relation to the Christian dogmas. The logical, metaphysical, cosmological, ethical, aesthetical and anthropological subjects were closely connected with the fixed Christian view of the World, God and Man. But despite the influence of the Christian religion and the Aristotelic, Platonic, Stoic, Neoplatonic etc. teachings, today we can arrive at the conclusion that from the ninth through the fifteen century a relative autonomy of Philosophy in Byzantium was emerged. Also, the Philosophical thought in Byzantium gave some new solutions to the old problems and dared sometimes to proceed in new rational, mystical or even empirical elaborations of original philosophical questions. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This intervention aims to question the opposition between a ‘politics of immanence’ and a ‘politics of transcendence’ through a critical assessment of some contemporary philosophical approaches to politics and a reappraisal of Mario Tronti’s account of the autonomy of the political. I shall argue that the contrast between immanence and transcendence is ultimately politically disabling, as it fails to provide an adequate position from which to situate a political thinking and practice.

The anti-reductionist character of the recent philosophy of biology and the dynamic development of the science of emergent properties prove that the time is ripe to reintroduce the thought of Aristotle, the first advocate of a “top-down” approach in life-sciences, back into the science/philosophy debate. His philosophy of nature provides profound insights particularly in the context of the contemporary science of evolution, which is still struggling with the questions of form species), teleology, and the role of chance in evolutionary processes. (...) However although Aristotle is referenced in the evolutionary debate, a thorough analysis of his theory of hylomorphism and the classical principle of causality which he proposes is still needed in this exchange. Such is the main concern of the first part of the present article which shows Aristotle’s metaphysics of substance as an open system, ready to incorporate new hypothesis of modern and contemporary science. The second part begins with the historical exploration of the trajectory from Darwin to Darwinism regarded as a metaphysical position. This exploration leads to an inquiry into the central topics of the present debate in the philosophy of evolutionary biology. It shows that Aristotle’s understanding of species teleology and chance – in the context of his fourfold notion of causality – has a considerable explanatory power which may enhance our understanding of the nature of evolutionary processes. This fact may inspire, in turn, a retrieval of the classical theology of divine action, based on Aristotelian metaphysics, in the science/theology dialogue. The aim of the present article is to prepare a philosophical ground for such project. (shrink)

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion (...) and sexual consent, and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice. (shrink)

The question of our place in nature has long been with us. One answer lies in comparing humans with other animals , thereby highlighting the uniquely human. To this end, I examine the distinction between humans and brutes as delineated by Descartes, Kant, and the Chicago pragmatist George Mead. This selection not merely assures a wide-spectrum of opinion still alive today, it marks a general historical shift from the metaphysical dualism of Descartes' mechanical world and spiritual self, to the (...) epistemic dualism of Kant and his double sense of self, finally to Mead's naturalistic monism, in which consciousness emerges naturally from the non-conscious. Apart from illuminating issues current in the animal-rights literature, examining this single topic casts a new light on these figures, especially Kant and Mead . Descartes' dualism is understandable simply given his scientific commitments, and the chasm he found in the human/brute gap was as much a result of this scientific motivation as any religious or moral one. For Kant, brutes lack the power to judge, understand, or reason. But more importantly, they lack autonomy and are therefore without moral worth. The unbridgeable chasm, metaphysical for Descartes, became for Kant primarily moral. Brutes do have representations and desires, however, and, by virtue of being alive, an immaterial principle; Kant consequently rejected Descartes' animal-machine hypothesis. Darwin's account of the human/brute gap and Mead's Darwinistic psychology are discussed. Selfhood and consciousness are unique to humans, although brutes are conscious in another sense. Mead's different uses of 'consciousness' are separated in order to clarify this difference as well as the role of language in the emergence of mind. Mead argued that humans perceive social objects prior to physical objects while brutes perceive none of these, lacking the capacities of universalization and object-manipulation. Like Descartes and Kant, Mead minimized brute experience, thereby maintaining a wide gulf between humans and brutes despite his Darwinian naturalism. (shrink)

I present an account of epistemic autonomy as a distinctively wide-ranging epistemic virtue, one that helps us to understand a range of phenomena that might otherwise seem quite disparate – from the appropriate selection of epistemic methods, stances and topics of inquiry, to the harms of epistemic oppression, gaslighting and related phenomena. The account draws on four elements commonly incorporated into accounts of personal autonomy: (i) self-governance, (ii) authenticity, (iii) self-creation and (iv) independence. I further argue (...) that for a distinctively epistemic virtue of autonomy; the above elements must ultimately reliably lead to valuable epistemic goods (for the agent herself and others). I then turn to the domains or ways in which epistemic autonomy so understood, can be made manifest. I suggest that epistemic autonomy is a virtue that allows us to appropriately choose (i) subject matters and areas of inquiry, (ii) methods, sources, and processes of belief formation, (iii) epistemic goals and (iv) epistemic stances or frameworks. So understood, epistemic autonomy has a role to play in shaping most every aspect of our epistemic lives. (shrink)

John Locke occupies a central place in the contemporary philosophical literature on parental authority, and his child-centered approach has inspired a number of recognizably Lockean theories of parenthood.2 But unlike the best historically informed scholarship on other aspects of Locke's thought, those interested in his account of parental rights have not yet tried to understand its connection to debates of the period or to Locke's broader theory of natural law. In particular, Locke's relation to the seventeenth-century conversation about the (...) role of generation in grounding 'paternal power' is not well-known. Understanding this background is interesting in itself, but more importantly, it can provide us with a .. (shrink)

This paper sheds light on Kant’s notion of autonomy in his moral philosophy by considering Kant’s critique of the rationalist theories of morality that Kant discussed in his lectures on practical philosophy from the 1760s to the time of the Groundwork. The paper first explains Kant’s taxonomy of moral theories and his perspective on the history of ethics. Second, it considers Kant's arguments against the two main variants of ‘rationalism’ as he construes it, that is, perfectionism and theological voluntarism, (...) pointing out the similarities to previous criticisms. Third, the paper argues that Kant’s discussion of the 'rationalist' views does not amount to an unqualified dismissal, but to an attempt at working out a novel rationalist position. Kant’s criticisms of rationalist views suggest that his project emerges from the failures of previous rationalism, with the aim to work out a rationalist view that can account for moral obligation by integrating insights from the theological conception. The combination of perfectionism and theological views yields the basic outline of the idea of autonomy, consisting in the lawgiving function of a rational will as a key to the legislation of a necessary law. (shrink)

Thomists do not have a standard account of history as a discipline or of historical knowledge in general. Since Thomism is a tradition of thought derived in part from historical figures and their works, it is necessary for Thomists to be able to say how we know what we know about those figures and their works. In this paper, I analyze the notion of history both in its contemporary senses and in how it was used by Aristotle (...) and Aquinas. I show briefly how intellectual knowledge of the past is possible. Then, I argue that the Thomistic tradition implies a far wider notion of history than is generally recognized, history as study of the past in general, not a science in itself, but an aspect of other sciences. Finally, I indicate how this wider notion of history relates to the ordinary sense of history as an inquiry into the specifically human past and then how such an account fits within contemporary Thomism. (shrink)

Deep Brain Stimulation (DBS) is an invasive therapeutic method involving the implantation of electrodes and the electrical stimulation of specific areas of the brain to modulate their activity. DBS brings therapeutic benefits, but can also have adverse side effects. Recently, neuroethicists have recognized that DBS poses a threat to the very fabric of human existence, namely, to the selves of patients. This article provides a review of the neuroethical literature examining this issue, and identifies the crucial dimensions related to the (...) self which DBS may endanger—personal identity, authenticity, and autonomy. The most influential theories accounting for these dimensions are analyzed herein, and it is argued that most of these theories require further refinement. This paper also demonstrates the interrelation between personal identity, authenticity, and autonomy, and concludes that one can only fully understand the impact of DBS on the self when all of these factors are taken into account. (shrink)

The phenomenology of a priori intuition is explored at length (where a priori intuition is taken to be not a form of belief but rather a form of seeming, specifically intellectual as opposed to sensory seeming). Various reductive accounts of intuition are criticized, and Humean empiricism (which, unlike radical empiricism, does admit analyticity intuitions as evidence) is shown to be epistemically self-defeating. This paper also recapitulates the defense of the thesis of the Autonomy and Authority of Philosophy given in (...) the author’s “A Priori Knowledge and the Scope of Philosophy” (Philosophical Studies, 1996). (shrink)

What are the freedom-relevant conditions necessary for someone to be a morally responsible person? I examine several key authors beginning with Harry Frankfurt that have contributed to this debate in recent years, and then look back to the writings or Søren Kierkegaard to provide a solution to the debate. In this project I investigate the claims of semi-compatibilism and argue that while its proponents have identified a fundamental question concerning free will and moral responsibility—namely, that the agential properties necessary for (...) moral responsibility ascriptions are found in scenarios where the agent acts on her own as opposed to her action resulting from freedom undermining external causes such as manipulation, phobias, etc.—they have failed to show that the freedom-relevant agential properties identified in those actual-sequence scenarios are compatible with causal determinism. My argument is that only a voluntarist-libertarian theory can adequately account for the kinds of cases that the semicompatibilist identify. I argue that there are three freedom-relevant conditions necessary for someone to be a morally responsible person: a hierarchical understanding of human desires [specifically and mental states generally], an incompatibilist (non-deterministic) understanding of human action, and a historical understanding of character development. The ability to reflect critically about one’s own desires and emotions, and thus to have a kind of self-knowledge and understanding with regard to the springs of one’s own actions, is required to make it possible for the agent to be the “source” of her own actions and character. The non-deterministic understanding of human action is needed for a similar reason: if determinism is true, then every action a person performs can be ultimately traced to and exhaustively explained in terms of factors outside the agent’s control, thus making the agent’s responsibility for his actions an illusion. And finally,human nature must be such that, over time, one’s choices leave a dispositional residue self-understanding and motivation in the person’s self, out of which, in mature understanding and motivation, the person acts as a fully responsible agent. (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be a (...) multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a (...) conception of it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

Feminist studies of female genital cutting (FGC) provide ample evidence that many women exercise effective agency with respect to this practice, both as accommodators and as resisters. The influence of culture on autonomy is ambiguous: women who resist cultural mandates for FGC do not necessarily enjoy greater autonomy than do those women who accommodate the practice, yet it is clear that some social contexts are more conducive to autonomy than others. In this paper, I explore the implications (...) for autonomy theory of these understandings of the relation between culture, FGC, and women’s agency. I review the range of worldwide FGC practices – including “corrective” surgery for “ambiguous genitalia” in Western cultures as well as the various initiation rites observed in some African and Asian cultures – and the diverse cultural rationales for different forms of FGC. I argue that neither latitudinarian, value‐neutral accounts of autonomy nor restrictive, value‐saturated accounts adequately explain women’s agentic position with respect to FGC. I then analyze a number of educational programs that have enhanced women's autonomy, especially by strengthening their introspection, empathy, and imagination. Such programs, which engage women's autonomy skills without exposing them to autonomy‐disabling cultural alienation, promote autonomy‐within‐culture. This understanding of autonomy as socially situated, however, entails neither endorsement of FGC nor resignation to its persistence. (shrink)

Recent criticisms of medicine converge on fundamental questions about the aim of medicine. The main task of this paper is to propose an account of the aim of medicine. Discussing and rejecting the initially plausible proposal according to which medicine is pathocentric, the paper presents and defends the Autonomy Thesis, which holds that medicine is not pathocentric, but sanocentric, aiming to promote health with the final aim to enhance autonomy. The paper closes by considering the objection that (...) the Autonomy Thesis is overly permissive and allows many highly controversial procedures as legitimate parts of medicine. (shrink)

The world is occupied by many and varied things. What constitutes their thingness? In the Essay, Locke addresses this question in Book II, Chapter xxiii, titled ‘Of our Complex Ideas of Substance’, wherein the much-contested definition of ‘substratum’ appears—‘a supposed but unknown support of the Qualities’. Most significant in this definition are the dual qualifiers that Locke uses: ‘supposed’ and ‘unknown’. This paper examines this two-qualifier definition, illuminating the historical and philosophical significance it may have. There have been two (...) rival readings. The first takes Locke’s substratum to be a bare substratum; and the second identifies it with what Locke terms as ‘real essence’—i.e. ‘a real Constitution of the insensible Parts’. Critically reviewing these two major interpretations, I attribute to Locke a type of functionalism, according to which the status of a substratum is determined by its functional role of ‘uniting’ a bundle of qualities into an individual substance. (shrink)

Miller analyzes the relationship between consent and autonomy by offering three pictures. For autonomy, Miller distinguishes between procedural, substantive, and weak substantive autonomy. The corresponding views of consent are what Miller has termed as consensual minimalism, consensual idealism, and consensual realism. The requirements of sexual consent under consensual minimalism are a voluntary informed agreement. However, feminist critiques reveal the inadequacies of this simple position. Consensual idealism, which corresponds with substantive autonomy, offers a robust picture where consent (...) and autonomy must be based on non-oppression. However, this view is considered too ideal and it ignores context. Weak substantive autonomy takes into account the context in the sexual domain. Correspondingly, consensual realism takes into account the context and still fulfills the requirements of consent. (shrink)

It is often argued that future-directed decisions are effective at shaping our future conduct because they give rise, at the time of action, to a decisive reason to act as originally decided. In this paper, I argue that standard accounts of decision-based reasons are unsatisfactory. For they focus either on tie-breaking scenarios or cases of self-directed distal manipulation. I argue that future-directed decisions are better understood as tools for the non-manipulative, intrapersonal division of deliberative labor over time. A future-directed decision (...) to ϕ gives rise to a defeasible exclusionary reason to ϕ. This reason is grounded on the default authority that is normally granted to one’s prior self as an “expert” deliberator. I argue that this kind of exclusionary reason is the only one that can account for the effectiveness of future-directed decisions at shaping our diachronic agency without violating our autonomy over time. (shrink)

Carnap and Twentieth-Century Thought: Explication as En lighten ment is the first book in the English language that seeks to place Carnap's philosophy in a broad cultural, political and intellectual context. According to the author, Carnap synthesized many different cur rents of thought and thereby arrived at a novel philosophical perspective that remains strik ing ly relevant today. Whether the reader agrees with Carus's bold theses on Carnap's place in the landscape of twentieth-century philosophy, and his even bolder claims concerning (...) the role that philosophy in Carnap's style should play in the thought of our century, does not matter so much as the excellent opportunity Carus's book offers to thoroughly rethink one's ideas about Carnap's philosophy. One reason why Carnap and Twentieth-Century Thought might change one's ideas is that Carus has unearthed much hitherto unknown material from the archives that sheds new light on Carnap's early life and thought. Indeed, the many archival findings presented in CTT for the first time suffice to make the book re warding reading for philosophers and historians of philosophy alike. CTT exhibits a high standard of historical scholarship, and the book itself is a beautiful example of high-quality academic publishing. Up to now, Carnap has remained a controversial figure on the philo sophical scene. On the one hand, he has a solid reputation as a leading figure of logical positivism . According to conventional wisdom, this was a school of thought characterized by its formal and technical philosophy, as well as being rather dismissive of other ways of doing philosophy, dogmatically sticking to its own theses. As a typical example of this arrogant logical empiricist attitude, one usually refers to Carnap's notorious Overcoming Metaphysics by Logical Analysis of Language , written when the Vienna Circle's Logical Empiricism had entered its most radical phase. Self-proclaimed postpositivist philosophers of science dismissed logical positivism, in particular Carnap's, as the dogmatic and orthodox “received view.” The tendency to portray logical empiricism as an obsolete doctrine centering around certain “dogmas” started with Quine's Two Dogmas of Empiricism and reached its somewhat ridiculous culmination in the early 1980s when allegedly “six or seven dogmas” were discovered . Thereby an allegedly un brid geable gap between classical “dogmatic” logical em pi ricism and its modern “enlightened” suc ces sors was construed. (shrink)